BILL AS INTRODUCED H.338
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VT LEG #379393 v.1
H.338 1
Introduced by Representatives Logan of Burlington, Casey of Montpelier, 2
Cina of Burlington, Cole of Hartford, Cordes of Bristol, 3
Headrick of Burlington, Hooper of Burlington, McCann of 4
Montpelier, McGill of Bridport, Priestley of Bradford, and 5
Tomlinson of Winooski 6
Referred to Committee on 7
Date: 8
Subject: Labor; unemployment compensation; disqualifications 9
Statement of purpose of bill as introduced: This bill proposes to allow striking 10
workers to receive unemployment compensation. 11
An act relating to unemployment compensation 12
It is hereby enacted by the General Assembly of the State of Vermont: 13
Sec. 1. 21 V.S.A. § 1344 is amended to read: 14
§ 1344. DISQUALIFICATIONS 15
(a) An individual shall be disqualified for benefits: 16
* * * 17
(4) For any week with respect to which the Commissioner finds that the 18
individual’s total or partial unemployment is due to a stoppage of work that 19
exists because of a labor dispute at the factory, establishment, or other 20 BILL AS INTRODUCED H.338
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VT LEG #379393 v.1
premises at which the individual is or was last employed, provided that this 1
subdivision shall not apply if: except as otherwise provided by this subdivision 2
(4). 3
(A) No disqualification shall apply if the individual is not 4
participating in, or financing, or directly interested in the labor dispute that 5
caused the stoppage of work; or. 6
(B) No disqualification shall apply if the stoppage of work was due 7
solely to a lockout, effected by the employer in order to gain some concession 8
from employees. A lockout does not include a temporary suspension of work 9
in response to: 10
(i) actual or imminent damage to property of the employer; or 11
(ii) a purposeful effort by employees to reduce productivity. 12
(C) No disqualification shall apply after the first 14 days following 13
the commencement of unemployment due to a stoppage of work that exists 14
because of a labor dispute at the factory, establishment, or other premises at 15
which the individual is or was last employed. This waiting period shall not 16
apply for any part of the 14-day period during which the individual’s employer 17
engages the services of a temporary or permanent replacement worker for the 18
individual’s position. 19
* * * 20 BILL AS INTRODUCED H.338
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VT LEG #379393 v.1
Sec. 2. EFFECTIVE DATE 1
This act shall take effect on passage. 2